Property Law Keyed to Singer
Aquarian Foundation, Inc. v. Sholom House, Inc
Bertha Albares sold her condominium unit to Aquarian Foundation, Inc (Plaintiff), which was in violation of a provision of the declaration of condominium requiring the written consent of the Sholom House condominium association’s board of directors (Defendant) to any sale, lease, assignment or transfer of a unit owner’s interest. The declaration gave the association the power to arbitrarily, capriciously, or unreasonably withhold its consent to any sale. The declaration also had a reverter clause which mandates that the association compensate the unit owner if a transfer is done in violation of the consent requirement. Defendant sued to set aside the conveyance.
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